Agendas, reports and minutes

Minutes of Meeting of the Highland Council held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 31 October 2019 at 10.35am.

1. Calling of the Roll and Apologies for Absence
A’ Gairm a’ Chlàir agus Leisgeulan

Present:    
Mr G Adam, Mr B Allan, Mr R Balfour, Mr A Baxter, Mr B Boyd, Mr R Bremner, Mr J Bruce, Mrs C Caddick, Mrs I Campbell, Miss J Campbell, Mrs H Carmichael, Mr A Christie, Mr I Cockburn, Mrs M Cockburn, Mr G Cruickshank, Ms K Currie, Mrs M Davidson, Mr J Finlayson, Mr M Finlayson, Mr C Fraser, Mr L Fraser, Mr R Gale, Mr J Gordon, Mr K Gowans, Mr A Graham, Mr J Gray, Mrs P Hadley, Mr T Heggie, Mr A Henderson, Mr A Jarvie, Ms E Knox, Mr B Lobban, Mr D Louden, Mrs L MacDonald, Mr R MacDonald (v/c), Mr A MacInnes, Mrs D Mackay, Mr D Mackay, Mr W MacKay, Mr G MacKenzie, Mrs I MacKenzie, Mr S Mackie, Mr A Mackinnon, Ms A MacLean, Mr C MacLeod, Mr D MacLeod, Mr D Macpherson, Mr R MacWilliam, Mrs B McAllister, Mr J McGillivray (v/c), Mr N McLean (v/c), Ms L Munro, Ms P Munro, Mrs M Paterson, Mr M Reiss, Mr D Rixson, Mrs F Robertson, Mrs T Robertson, Mr K Rosie, Mr G Ross, Mr P Saggers, Mr A Sinclair, Ms N Sinclair (v/c), Mr C Smith, Mr B Thompson, and Mrs C Wilson.

In Attendance:    
Chief Executive
ECO, Transformation & Economy
ECO, Performance & Governance
ECO, Customer & Communities    
ECO, Resources & Finance
ECO, Health & Social Care
ECO, Infrastructure & Environment

Mr B Lobban in the Chair

Apologies for absence were intimated on behalf of Mrs J Barclay, Mr I Brown, Mrs G Campbell-Sinclair, Mr H Morrison, Mr I Ramon, Mr A Rhind and Ms M Smith.

2. Declarations of Interest
Foillseachaidhean Com-pàirt

The Council NOTED the following declaration of interest:-

Item 15 – Mr A Jarvie (Non-Financial)

Prior to the commencement of the formal business, the Convener confirmed that in future the original electronic email containing the agenda/papers for the full Council meeting would be updated as close to the actual meeting as possible if necessary in order to include any late reports. This would hopefully avoid the current situation whereby late reports were circulated when received (and separately) and Members sometimes ended up having multiple additional papers to consider as opposed to one complete set of Council papers for the meeting.

Also, at this point, Ms E Knox paid tribute to the achievements of one of her constituents, Ms Tina Marshall from Kiltarlity, and specifically her outstanding contribution to shinty whereby she had been breaking boundaries for a number of years as a player, coach and official and, on 14 and 21 September 2019, had become the first ever woman to officiate at a Camanachd Cup Final. The week after, she had also been a goal judge at the Strathdearn Cup Final which was another milestone. As such, her illustrious shinty career had spanned four decades and she had played for the Lovat Youth Team, the Strathglass Ladies team and the Lovat Ladies team. She had also won the Challenge Cup with Strathglass and the League and the Cup double with Lovat.  

3. Confirmation of Minutes
Daingneachadh a’ Gheàrr-chunntais

There had been submitted for confirmation as a correct record the Minutes of the Special Meeting of the Council held on 5 September, the scheduled Meeting held on 5 September and the Special Council Meeting (Planning) held on 12 September as contained in the Volume which had been circulated separately – which were APPROVED.

4. Minutes of Meetings of Committees
Geàrr-chunntasan Choinneamhan Chomataidhean

There had been submitted for confirmation as correct records, for information as regards delegated business and for approval as appropriate, the Minutes of Meetings of Committees contained in Volume circulated separately as undernoted: -

Nairnshire Committee 11 September
Audit & Scrutiny Committee 19 September
Isle of Skye & Raasay Committee 30 September
Care, Learning & Housing Committee 10 October
Lochaber Committee (Special Meeting) 25 September
Environment, Development and Infrastructure Committee (Special Meeting) 24 October

The Minutes, having been moved and seconded were, except as undernoted, APPROVED – matters arising having been dealt with as follows: -

Environment, Development and Infrastructure Committee

*Starred Item: Item 3: PP. 5: Off-Street Car Parking Policy Review

It was AGREED that the Scheme of Delegation to Area Committees and necessary amendments would be confirmed at the December Council Meeting.

5. Recruitment Panel - Executive Chief Officers
Pannal Fastaidh – Prìomh Oifigearan Gnìomhach

There had been circulated Minutes of Meetings of the Recruitment Panel as follows which were NOTED: -

Executive Chief Officer: Infrastructure and Environment, 4 October 2019
Executive Chief Officer: Property and Housing, 11 October 2019.

6. Highland and Western Isles Valuation Joint Board
Co-Bhòrd Luachaidh na Gàidhealtachd is nan Eilean Siar

There had been circulated Minutes of Meeting of the Valuation Joint Board held on 21 June 2019 (approved by the Board on 12 September 2019) which were NOTED.

7. Community Planning Board
Bòrd Dealbhadh Coimhearsnachd

There had been circulated Minutes of Meeting of the Community Planning Board held on 20 June 2019 (approved by the Board on 3 October 2019) which were NOTED.

8. Brexit Working Group
Buidhean Obrach Brexit

There had been circulated Minutes of Meetings of the Brexit Working Group held on 12 September, 1 and 23 October 2019 which were APPROVED.

9. Membership of Committees, etc

Highland Licensing Committee/Highland Licensing Board

It was NOTED that Mrs P Munro had confirmed her intention to step down as a Member of the Highland Licensing Committee and Highland Licensing Board. 

On that basis, and following confirmation from Mr R Gale that he was now withdrawing from his nomination, it was AGREED that Mr A Sinclair should take the place on the Committee and the Board.

10. Question Time
Am Ceiste

The following Questions had been received in line with Standing Order 11 –

(i)     Mr G Cruickshank

To the Leader of the Council

“What steps is the Council taking to mark the 75th Anniversary of the ending of the Second World War?”

The response had been circulated.

In terms of a supplementary question, and on the basis that during the first half of the previous century Britain had been instrumental in the liberation of continental Europe from dictatorships, it was queried whether this was starting again.

In response, it was confirmed that this was an issue for individual reflection.

(ii)    Mr A Jarvie

To the Chair of the Care, Learning & Housing Committee

“When did the council last assess all land it owns for housing suitability and what was the outcome of this?”

The response had been circulated.

In terms of a supplementary question, it was queried as to how many homes could be built on the Council owned land which had been identified and, if there was land that was uneconomical for the Council or its partners to develop, could this land be sold to private developers.

In response, it was confirmed that several potential sites had been identified in various areas across the Council and in some areas housing had already been built but some other sites had not been progressed due to a variety of reasons. However, the Council continued to investigate all potentially suitable surplus sites in high demand areas. Further information could be provided on the exact number of homes which had been built over the last 10 years on Council owned sites and on the feasibility of land being sold to private developers for development.

(iii)   Mr A Jarvie

To the Chair of the Care, Learning & Housing Committee

“Item 7 of the Care, Learning and Housing Committee papers on 10/10/19 stated that, in this financial year, 30 children had been either prevented from going out to or had been returned from out of authority placements. Of these 30 children, how many were returned from placements which they had been in for more than 6 months?”

The response had been circulated.

In terms of a supplementary question, it was queried as to whether the Education Service had the capacity to deal with the children being returned from out of authority placements and was able to meet their educational needs.

In response, it was confirmed that the Education Service had the capacity to meet their educational needs but that sufficient time was required to effectively plan each placement to ensure that it was appropriate for each young person returning to the Highlands.  Further, assurance could be given that no child would be returned to the Highlands unless the Council could fully meet their needs, particularly in regard to education.

(iv)    Mr J McGillivray

To the Leader of the Council

“In the current round of Leader funding, the Highland area was allocated £6,904,041.00 to dispense on community, co-operation and farm diversification projects. To date, as the schedule draws to a close, a total distribution of £6,803,254.40 has been approved supporting total eligible costs of £15,150,482.11. In view of the significant bureaucratic challenges associated with the current Leader process, do you agree that this represents a highly commendable effort by the LAG and LAP teams and especially the dedicated and diligent Council staff assigned to this Leader Programme?”

The response had been circulated.

(There was no supplementary question).

(v)    Mr J McGillivray

To the Leader of the Council

“The Coastal Communities Fund is now open and has £1.29 million to disperse around community projects as determined by Highland Council as ultimate authority. Do you agree that, in the interests of fairness and equality of adjudication, the present experienced Leader team should be directly assigned to support, monitor, assess and audit the many anticipated community bids to this funding pot?”

The response had been circulated.

In terms of a supplementary question, it was queried as to under what name the Coastal Communities Fund now operated.

In response, it was confirmed that the Coastal Communities Fund was now defunct. However, there would be ongoing revenue funding from the Crown Estates Fund and a report would be submitted to the next Full Council meeting in December 2019 on how the £1.29m which had been awarded would be distributed. There would also be a report to the Environment, Development and Infrastructure Committee on Thursday, 7 November which would be addressing the development of projects in Dornoch.

(vi)    Mr K Gowans

To the Leader of the Council

“The Community Council elections have been delayed as an attempt by this Council to compensate for the lack of communication around Community Council Elections and subsequent lack of engagement. An unintended consequence of delay is that many Community Councils will not be in position to meet the response deadlines as Statutory Consultees for Planning Applications.

A Senior Planning Officer stated to me that any delay “isn’t feasible” and “(we) need to continue to progress applications”. In many cases this will mean an important layer of local democracy is stripped away. Therefore, it would be prudent to allow an extension of the response deadline for all planning applications, to allow time for new Community Councils to be set-up and to respond to planning applications.

What provision has been made to ensure it is possible for all Community Councils in Highland to fulfil their role as Statutory Consultees in planning and retain their ability to comment on applications during this period of transition?”

The response had been circulated.

(There was no supplementary question).

(vii)    Mr S Mackie

To the Chair of the Care, Learning & Housing Committee

“In light of the Scottish Government’s decision to abandon plans for a mandatory named person scheme for every child in Scotland, underpinned by law, only localised policies such as those used in Highland are now practiced.

Given the reaffirmation from the Education Secretary that these voluntary programmes will take place only where Councils and Health Boards wish to provide them and parents wish to use them, do you believe that the Council’s scheme has the support of parents, our staff who must carry out the scheme, our health board partners and our Local Authority?”

The response had been circulated.

In terms of a supplementary question, it was queried as to whether there was support for the request for a full and open review of the Council’s voluntary scheme to ensure that in Highland there was a policy fit for purpose for the most vulnerable children but which also had the full support of constituent stakeholders, Elected Members, staff, partners and most importantly the Highland public.

In response, it was confirmed that the intention was to report on this matter to either the next Care, Learning and Housing Committee or the following Education Committee and in this regard an assurance was given that the scheme would be evaluated and reviewed in light of the Scottish Government’s decision

(viii)    Mr R MacWilliam

To the Leader of the Council

“What efforts are currently being made to maximise income from EU funding from capital project schemes?”

The response had been circulated.

In terms of a supplementary question, and on the basis that advantage had not been taken of the European Commission’s recent round of funding under its WiFi4EU scheme for the eligible areas of Ross & Cromarty, Inverness & Nairn, Lochaber and Badenoch & Strathspey, it was queried whether there was any other funding which had not been claimed for the Highlands.

In response, it was confirmed that a response would be forwarded to Mr MacWilliam with further information on this issue in due course.

(ix)    Mr R MacWilliam

To the Leader of the Council

“What work is being undertaken to prepare for the ban on parking on pavements as contained in the Transport (Scotland) Bill?”

The response had been circulated.

In terms of a supplementary question, it was queried as to whether there would be full Member engagement in the process for determining which roads by necessity would be exempt from the ban on parking on pavements under the Transport (Scotland) Bill.    

In response, it was confirmed that there would be full Member engagement in this process and that currently further guidelines were awaited in terms of how this was to be implemented.

(x)    Ms K Currie

To the Leader of the Council

“Can you give an update on your lobbying activity of the Scottish Government to establish new nuclear power stations in the Highlands?”

The response had been circulated.

In terms of a supplementary question, it was queried as to whether the Administration was firmly committed to the policies of KIMO in relation to nuclear issues and the impact on the environment.

In response, it was confirmed that KIMO’s policies would be examined in detail and a response forwarded to Ms Currie thereafter.

(xi)    Mr A Jarvie

To the Leader of the Council

“Next month will mark the halfway point for this Council term. At the outset, Members heard of your Administration’s exciting localism plans. As we near this halfway mark, communities tell me they do not feel they have experienced the bold vision which was once set out. 

Can you provide a timetable for your plans and what we can expect by the end of this term?”

The response had been circulated.

In terms of a supplementary question, it was queried whether it was possible to give 3 or 4 examples of local activity taking place in communities with Local Member involvement in the Inverness South Ward

In response, it was confirmed that the local community in Strathdearn were heavily involved in many local projects and there were similar levels of activity in other rural parts of the area.

(xii)    Ms E Knox

To the Chair of the Care, Learning & Housing Committee/Chair of Environment, Development & Infrastructure Committee

At Full Council on 27 June 2019, I highlighted serious issues with the Stagecoach school bus services. I was reassured that the Public Transport Team had received an improvement plan from the company. 
 
After no signs of improvement this school year, my constituents in Beauly and Kirkhill are relieved to hear their Charleston Academy bus service will revert to the popular local bus company D&E Coaches next term; the Stagecoach contract having been terminated. However, parents in Struy, Kiltarlity, Hughton, Croachy, Farr and other villages in my Ward continue to express significant concerns about the safety and reliability of the Stagecoach school bus service and they have asked why their service hasn’t also reverted to D&E Coaches.
 
It is hoped that the Highland Council recouped all or part of the cost of the terminated school bus contract in respect of the Beauly/Kirkhill to Charleston school service and that penalty clauses are being enforced in relation to continuing issues with the remaining school bus services contract.  

In answer to my supplementary question about bus safety, I was advised that the Leader of the Council had contacted the Traffic Commissioner about safety concerns and that my request to introduce regular inspections of school buses would be considered. 

I look forward to hearing from the Leader about the outcome of her discussions with the Traffic Commissioner and I’d like to ask what steps have been taken to introduce safety inspections on school buses?”

The response had been circulated.

In terms of a supplementary question, it was queried as to whether information could be provided on the steps being taken to introduce safety inspections on school buses.

In response, it was confirmed that this was part of the current contract and was being monitored by Officers. As such, there was no action which could be taken unless it was found that this was not being undertaken to a satisfactory level.  

(xiii)    Mrs G Campbell-Sinclair

To the Leader of the Council

“Several years ago, the Council signed a Covenant with the Armed Forces. Could you advise me what has been achieved from this over the years i.e. what actual material outcomes have there been other than inviting each other to official events?”

The response had been circulated.

On the basis that Mrs Campbell-Sinclair was not present at the meeting, there was no supplementary question.

However, it was agreed that the response should be circulated to all Members of the Council.

11. Notices of Motion
Brathan Gluasaid

The following Notices of Motion had been received in accordance with Standing Order 12 –

(i)That the Highland Council publish, as a matter of extreme urgency and as a courtesy to both Elected Members and Highland citizens, the following details:

An overview of the Highland Council’s response to Brexit:

• Issues most likely to require a Civil Contingencies response on Day 1 or soon after, including transport, community safety and medicines;
• How the Highland Council plan to protect our vulnerable communities;
• How the Highland Council plan to support businesses and the Highland economy;
• How the Highland Council will support the Rural Economy, including Fisheries and Agriculture and the Environment;
• Labour Market Interventions in terms of employability and skills support and the sourcing of staff if there is a significant drop in EU national workers available for employment; and
• How the Highland Council plans to protect citizens' rights and international connections.

Signed:    Ms K Currie   Mr R MacWilliam

During discussion, Members raised the following issues: -

• this was an extremely important issue and as such it was imperative that all Members of the Council had full knowledge of the current position across the Council, including the likelihood of ‘worst case scenarios’ and associated staffing impact/implications;
• it was appreciated that some information in this regard was sensitive and as such could not be shared but it was felt that Members within other Local Authorities had received more information in this regard to date;
• information issued from the Scottish Government had confirmed that the Highland Council area was at high risk in the current circumstances and there was therefore an urgent need for Members to be updated on all potential future outcomes;
• Local Members were best placed to keep their local communities as up to date as possible on the current situation and it was therefore essential that they received regular communication and briefings from Council Officers; and
• it had to also be accepted that the Chief Executive was not at liberty to publish some confidential information but all non-sensitive information was already published on the Council Website and links had also been provided to the Scottish Government Website in this regard.

At this point, Mr A Christie, seconded by Mr J Gray, MOVED a Procedural Motion that the Council should now move to the vote without any further discussion on this item.

On a vote being taken on the Procedural Motion, there were 38 votes in favour and 18 votes against, with 7 abstentions, and the Motion was therefore CARRIED, the votes having been cast as follows:- 

For the Procedural Motion:
Mrs C Wilson, Mr J Gordon, Mr R Balfour, Mrs M Paterson, Miss J Campbell, Mr G Ross, Mrs B McAllister, Mrs D MacKay, Mr G Cruickshank, Mr D Macpherson, Mr B Thompson, Mr W MacKay, Mr J Finlayson, Mr T Heggie, Mr M Finlayson, Ms L Munro, Mr D Rixson, Mr A Graham, Mrs T Robertson, Mrs I MacKenzie, Mr D MacLeod, Mr M Reiss, Mrs F Robertson, Mrs I Campbell, Mrs A MacLean, Mrs C Caddick, Mr G Adam, Mr R Gale, Mr B Lobban, Mrs H Carmichael, Mrs M Davidson, Mr A MacKinnon, Mr A Henderson, Mr A Christie, Mr J Gray, Mr R MacDonald, Mr J McGillivray and Ms N Sinclair.   

Against the Procedural Motion:
Mr R MacWilliam, Ms K Currie, Mr B Boyd, Mr K Gowans, Mr C MacLeod, Mr A Baxter, Ms E Knox, Mr D Louden, Mr A MacInnes, Mr C Fraser, Mrs L MacDonald, Mrs M Cockburn, Mr K Rosie, Mrs P Munro, Mr G MacKenzie, Dr I Cockburn, Mr R Bremner and Mr N McLean.  

Abstentions:
Mr A Sinclair, Mr C Smith, Mr D MacKay, Mr S Mackie, Mr A Jarvie, Mr J Bruce and Mr P Saggers.

Thereafter, Ms K Currie, seconded by Mr R MacWilliam, MOVED the terms of the Notice of Motion as detailed.

As an AMENDMENT, the Convener, seconded by Mr A Christie, moved that this matter had been dealt with and no further information was required at this time but going forward such information as was required and was allowable for the Chief Executive to share with Members would be shared.

On a vote being taken, the MOTION received 19 votes and the AMENDMENT received 44 votes, with 1 abstention, and the MOTION was therefore CARRIED, the votes having been cast as follows:-

For the Motion:
Mr R MacWilliam, Ms K Currie, Mr B Boyd, Mr K Gowans, Mr C MacLeod, Mr B Allan, Ms E Knox, Mr D Louden, Mr A MacInnes, Mr C Fraser, Mrs L MacDonald, Mrs M Cockburn, Mr K Rosie, Mrs P Munro, Mr G MacKenzie, Dr I Cockburn, Mr R Bremner, Mr J Gray and Mr N McLean.   

For the Amendment:
Mrs C Wilson, Mr J Gordon, Mr R Balfour, Mrs M Paterson, Miss J Campbell, Mr G Ross, Mrs B McAllister, Mrs D MacKay, Mr A Sinclair, Mr G Cruickshank, Mr C Smith, Mr D Macpherson, Mr B Thompson, Mr W MacKay, Mr J Finlayson, Mr T Heggie, Mr M Finlayson, Ms L Munro, Mr D Rixson, Mr A Graham, Mrs T Robertson, Mrs I MacKenzie, Mr D MacLeod, Mr D MacKay, Mr S Mackie, Mr M Reiss, Mrs F Robertson, Mrs I Campbell, Mrs A MacLean, Mrs C Caddick, Mr G Adam, Mr R Gale, Mr A Jarvie, Mr J Bruce, Mr P Saggers, Mr B Lobban, Mrs H Carmichael, Mrs M Davidson, Mr A MacKinnon, Mr A Henderson, Mr A Christie, Mr R MacDonald, Mr J McGillivray and Ms N Sinclair.     

Abstention:
Mr A Baxter.

Decision

The Council AGREED the following amended Notice of Motion: -

That this matter had been dealt with and no further information was required at this time but going forward such information as was required and was allowable for the Chief Executive to share with Members would be shared.

(ii)Developer Contributions
Current guidance on developer contributions gives a discount on the per house contributions for developments of three or fewer houses. However, this allows large developers to build 5+ bedroom luxury homes and pay just a fraction of the contributions which other developments would otherwise pay. The current guidance gives this scale of developments up to an 80% reduction on the required contribution for various identified needs, including schools. In areas of high education demand, a large three home development which has the potential bring over a dozen children into a catchment area would only attract a contribution low enough to build a new school place equivalent to just 0.3 children – there has already been development of this type which has gained planning permission and could potentially create a £247,000 funding shortfall for those new school places.
The Council therefore asks the Planning and Development Service to revise this policy, to hold a Members’ Seminar and take a report forward to the Environment, Development & Infrastructure Committee to end the practice of large discounts for these kind of developments; but still including a reasonable and proportionate discount for the smaller scale developments, in order to capture the appropriate funds.
Signed:     Mr A Jarvie     Mr A Baxter

During discussion, Members raised the following issues: -

• this Notice of Motion had been submitted with the aim of closing the ‘loophole’ which existed within the current policy and specifically to address the level of developer contributions for developments of three or fewer houses; 
• it was also felt that there was a requirement for a Members’ Seminar to be arranged in order to allow Members to discuss this issue with Officers and consider alternative future options in this regard;
• whilst not disagreeing with the principle behind the Notice of Motion, it was suggested that there was a need for a degree of caution on this matter as the current policy was evolving and covered the whole of the Highlands. As such, it could create problems if a new proposal for one specific issue was put in place without due consideration of the possible implications for the whole area;
• it would perhaps be more appropriate to conduct a review of the issues which had been raised rather than changing the current policy at this stage;
• there were also concerns about the possible implications on areas in the west of the Highlands, specifically in terms of the first paragraph of the proposed motion; and
• there was also a need to review the subject of developer contributions more widely and this had to include how future waste was to be dealt with across the Highland area.

Decision

The Council AGREED the following amended Notice of Motion: -

The Council asks the Planning & Development Service to review (with Member involvement) this policy, to hold a Members’ Seminar and take a report forward to the Environment, Development & Infrastructure Committee.   

12. Change Strategy and Change Fund Phase 5

There had been circulated Report No. HC/51/19 dated 20 October 2019 by the Chief Executive.

During discussion, Members raised the following issues:-

• it was felt that there was a need for more information in respect of the proposal for the Trusted Trader Scheme within Phase 5 of the Change Fund;
• there was a need to correct the figures which had been provided on the CP5 project (Education Transformation), specifically in relation to the overall target to deliver savings of £4.3m and improvements, and also to provide further detail for Local Members on schools which were in their areas;
• in regard to the CP7 project (Placement Services Change Programme, including Fostering and Adoption), this was a budget which had been continually underspent in previous years and this had to be examined to avoid a repetition in future;
• as a priority, and with reference to the issues which had been raised earlier in relation to the Trusted Trader Scheme, a structure should be put in place for the Change Fund whereby proposals were discussed/considered at Committee level before coming to the full Council for decision in future. In this regard, it was agreed that a more detailed report on the Trusted Trader Scheme would be submitted to the next Corporate Resources Committee meeting;
• there would be a need for more detailed information on all issues relating to Additional Support Needs in particular (CP8 project) as there were likely to be very difficult decisions to be taken in this respect in future;
• it would be advantageous if the local knowledge which was available was taken into account in relation to proposals for the Trusted Trader Scheme;
• in regard to the CP2 project (Grey Fleet), excellent savings had already been identified by staff and there was now a need to also survey Members to identify areas of best practice and the potential for self-improvement;
• there was a need for further detail on the CP14 project (Workforce Planning);
• there had been no mention within the report of Foster Care Allowances and there was a need for update in this regard;
• it would be helpful if more detail could be provided on the CP6 project (Early Learning and Childcare), specifically in relation to the proposed delivery of savings of £2.5m and improvements;
• in regard to the CP9 project (Service Income), there was a need for further detail in respect of the delivery of £700k savings which had been detailed;
• it would be helpful if links were included in future reports to Council to identify information previously provided at Strategic Committee level on specific issues; and
• the confirmation that further detailed reports would follow in relation to Additional Support Needs was welcomed.

Decision

Members NOTED the progress being made to implement the projects that formed the Council’s Change Programme and the progress being made on delivering the committed actions from Phases 1- 4 of the Council’s Change Fund.

Members AGREED the bid to Phase 5 of the Council’s Change Fund to further support the transformation activity being undertaken throughout the Council – on the basis that a further detailed report would be submitted to the Corporate Resources Committee in this regard.

It was also AGREED that links would be provided in future reports to Council to include the detailed information previously submitted at Strategic Committee level on specific issues.

13. Redesign of Highland Council – Update from the Board
Cunntas às Ùr mu Ath-dhealbhadh

There had been circulated Report No. HC/52/19 dated 18 October 2019 by the Chief Executive.

During discussion, Members raised the following issues:-

• there was a need to thank the Officers for the excellent work which had been undertaken over recent years;
• this was a good time to review the work which had been completed and also the new projects which had been listed in the report;
• it would be helpful if more Members became involved in the work of the Board in future;
• the aim would be to have reviews completed/analysis of results undertaken within a quicker timescale in future;
• the work of the Board had provided an excellent ‘learning process’ for Members, particularly through the Workshops;
• a significant level of work on car parking charges had been completed and this had been very beneficial for all concerned;
• consideration could perhaps be given to a review of the current process which required to be followed for Blue Badges, specifically to try to reduce/streamline the application process if possible;
• a number of frontline staff had expressed an interest in becoming involved in the work of the Board and this should be followed up wherever possible in future;
• in relation to the review of catering services, consideration should be given to involving young people, perhaps through the Youth Parliament; and
• all areas of good practice which had been recognised as part of previous reviews should be carried forward to as many future reviews as possible.

Decision

Members NOTED the progress on Council Redesign work as detailed.

Members also AGREED to the proposed series of Rapid Reviews as set out in the report.

14. Review of Amenity Services
Ath-sgrùdadh air Seirbheisean Goireis

There had been circulated Report No. HC/53/19 dated 22 October 2019 by the Executive Chief Officer (Customer and Communities).

During discussion, Members raised the following issues:-

• there was an urgent need to consider any future changes in respect of grass cutting now in order to be ready for the 2020 growing season;
• working with staff and local communities would be essential in terms of collating any ideas for future changes;
• it was important to ensure that appropriate standards were maintained in respect of grass cutting across the area;
• whilst noting the proposal for a business case on weed killing to be produced as part of a wider review of amenity services, it was felt that there was a need for more urgency in terms of addressing both the legal and safety issues which had been identified in respect of the use of glyphosate;
• in relation to the proposed review of play area provision, it was suggested that this should also include information in respect of community asset transfers which had already been undertaken;
• there had been a significant number of complaints and serious concerns raised across the Highland Council area in respect of grass cutting in the current year;
• there was a need to consider tree planting across the area as part of the future review;
• it was noted that in a service context, and with specific reference to feedback on amenity services from the most recent national household survey, the Council had been ranked 23rd out of 32 Councils, with comparable costs showing that the Council were in the top quartile (ranked 5th lowest) at £7,535 per 1000 population;
• the review would also consider the work undertaken across different teams, including roads staff, street cleaning staff, facilities management staff and those staff commissioned through the Housing Service and the core paths team, and this was welcomed;
• it would be helpful if Local Members could be involved/briefed on discussions in relation to local play areas in their Wards;
• in regard to grass cutting, it had to be recognised that this was important not just for local residents but also visitors to the Highlands;
• there was concern about play areas and specifically in instances where the play equipment had been removed by the Council with no prior notice;
• amenity grass cutting had been taken over by a local organisation in Nairnshire and this was currently working well for the area;
• members of the public should be involved in future discussions regarding the continued use of glyphosate;
• the high level of complaints received in relation to grass cutting was not a reflection on the staff involved who were often working under difficult circumstances and it would be important for this to be conveyed to them;
• there had to be a consistent model across the Highlands in relation to play area provision and as such there was a need to identify all those play areas currently in Council ownership;
• it would be important to consider discussing amenity areas with developers in order to try to identify possible future solutions;
• the proposed review of amenity services, which was to be overseen by the Redesign Board, would be very challenging and it was suggested that this might take considerably longer than currently envisaged;
• there was a need for consideration to be given to the equipment currently being provided for staff;
• it had to be accepted that Burial Grounds and Cemeteries had to be dealt with differently and, in this respect, it was also suggested that a review should be undertaken of their Management Rules which were currently not consistent across the Highlands;
• it had been noted that verge cutting on rural roads in particular had decreased and in this regard it was suggested that consideration should be given to local solutions wherever possible, such as farmers cutting verges in specific areas;
• in terms of future tree planting, it would be important for trees to be the right size without too much future maintenance required;
• liaison should be undertaken with SNH wherever possible on specific issues, such as any action which could contribute to butterfly conservation;
• it had to be recognised that community participation was required both now and in the future and one positive benefit from this was in relation to mental health;
• the Scottish Government had published information on a pollinator strategy and it was suggested that details of this should be contained on the Council Website;
• community payback currently worked well in the Tain area and it was hoped that this could be replicated elsewhere;
• the localism agenda, and specifically encouraging partnership working wherever possible, would be key to future success; and
• it had to be acknowledged that previous reductions in the Community Services budget had been agreed by the full Council and it was the duty of all Members to liaise with Community Planning Partners and their local communities to discuss possible future solutions.

Decision

Members AGREED the proposed review of amenity services with the review to be overseen by the Redesign Board and recommendations made in time for planning for the 2020 growing season.

15. Inverness and Highland City Region Deal
Aithisg Bhliadhnail a’ Chùmhnaint Bhaile Roinne

Declaration of Interest – Mr A Jarvie declared a non-financial interest in this item as a Director of High Life Highland but, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, concluded that his interest did not preclude him from taking part in the discussion.

There had been circulated Report No. HC/54/19 dated 14 October 2019 by the Executive Chief Officer (Transformation and Economy).

During discussion, Members raised the following issues:-

• this had been a year of really good progress on a number of issues and as such thanks were conveyed to the Officers involved;
• there was also a need to highlight the contributions from the Chair and Vice Chair of the Audit & Scrutiny Committee;
• the extent of the projects which had been completed across the Highland area was welcomed but it was important to also note the areas which had not as yet had any projects delivered;
• there had been real interest and commitment in local areas since the completion of projects and it was important that this was continued;
• the provision and quality of affordable housing had helped to retain young people in the Highlands and this was of great significance;
• it was hoped that the provision of FIT housing could be expanded in future wherever possible;
• digital service provision had been a source of some frustration in the past but it had to be acknowledged that this was now improving;
• in respect of finances, and specifically the detailed spend against projects as at 31 March 2019, there was some concern at the rate of spend and it was hoped that this could be accelerated wherever possible in future;
• there was a need for a focus on the western areas of the Highlands and in this regard the Local Members in Ward 5 in particular would appreciate details of any future plans for investment as a matter of urgency;
• there was a need to also review the current arrangements for Town Centre Wi-Fi which it was not felt was operating satisfactorily at present in many areas;
• it would be helpful if additional projects could be added to the list where current projects were not progressing as originally planned;
• there was a need for a report to be submitted to a future meeting in relation to the expected outcomes from the Northern Innovation Hub;
• whilst the excellent work to date was very welcomed by all concerned, it would be important to now identify what was achievable in Phase 2 and in this respect it was suggested that there should also be a strong focus on northern areas of the Highlands in future;
• in regard to digital, it was anticipated that conclusion of the tendering for R100 would provide a mechanism for partners to determine firm proposals for spend and this would be especially important for those areas who currently did not have any provision in this respect;
• it would be imperative for future funding to be spent in a timely and efficient manner and in this regard it was suggested that Members should discuss potential local projects at Ward Business Meetings in the first instance and convey comments to the relevant Officials thereafter as part of the future process; and
• it would be important for a Seminar to be arranged for Members in the New Year in order to discuss and take forward the issues which had been raised at this meeting.

Decision

The Council: -

(i)     NOTED progress with the City Region Deal during 2018/19 as detailed;
(ii)    AGREED the publication of the Annual Report on the Council’s Website; and
(iii)   AGREED that a Seminar would be arranged for Members in the New Year.

16. Results from the Citizens’ Panel 2018/19 Performance & Attitudes Survey
Aithisg Bhliadhnail Coileanaidh Phoblaich

There had been circulated Report No. HC/55/19 dated 16 October 2019 by the Chief Executive.

During discussion, Members raised the following issues:-

• the negative scoring in respect of road repairs and potholes was very disappointing;
• there was concern that the net satisfaction score in respect of the Council ‘involving people in how it spends its money’ was -31% and further information was needed in terms of how it was planned to make improvements to this and other issues with a similar rating in the report;
• it was always disappointing to receive a negative rating on any issue or service being provided by the Council but improvement actions were always considered in such instances. It was also the case that there were a considerable number of positive ratings within the report on other issues and this should also be acknowledged;
• the reduction in the level of hate crime in the area was welcomed;
• this was a very useful report and specifically it should be noted that High Life Highland had received very positive ratings for the services which were being delivered;
• it was a concern that not all members of the Citizens’ Panel had responded to the survey and consideration should be given as to whether there was a need to refresh the membership at some future point;
• in terms of the overall satisfaction with Council services, this had decreased from 87% in 2014 to 63% in 2019 and this was a concern;
• net satisfaction with Burials and Cremations had decreased from 65% in 2018 to 49% in 2019 and this was very worrying;
• net satisfaction with Care at Home services had also decreased from 29% in 2018 to 9% in 2019 and again this was a real concern;
• in light of the reduction in funding to the Council over time, thanks should be conveyed to all staff for the services still being provided at a time of decreasing resources; and
• there was a need for a strong focus on the Primary Education satisfaction rating which had decreased from 75% in 2017 to 62% in 2018 and was now 53% in 2019.

Decision

The Council NOTED the key findings of the feedback from the Citizens’ Panel from the current year’s survey.

The Council also AGREED the follow up action to communicate the results set out in the report and to await further analysis and reports as outlined.

17. EU Funding
Maoineachadh an Aonaidh Eòrpaich

There had been circulated Report No. HC/56/19 dated 22 October 2019 by the Executive Chief Officer, Transformation and Economy.

During discussion on the current situation regarding performance and the potential re-allocation of funds, and specifically the proposal from the Scottish Government for re-allocation of some of the Highlands & Islands reserve to areas within the rest of Scotland, it was suggested that it would be beneficial if Members could have a briefing on this issue at an early date.

Also, in relation to the European Structural Investment Fund (ESIF) programmes which had been detailed within the report, it was highlighted that EU funds had been used significantly in the past to support projects across the Highlands. As such, the level of access which the Council would have to such funds in future was now unclear and it was stressed that it was therefore essential that all Members of the Council worked together to ensure that projects were ready to take early advantage of any future funding which might become available.

Decision

Members NOTED the current situation with EU Funds, performance and the potential re-allocation of funds and that the Council was continuing to lobby the Scottish Government on this issue.

18. Organisational Transformation and Transition

There had been circulated Report No. HC/57/19 dated 16 October 2019 by the Chief Executive.

During discussion, Members raised the following issues:-

• it was noted that proposals for the senior management structure of the Education Service would come forward for consideration by Members at the December Council meeting and this was welcomed;
• the leadership arrangements and culture of any organisation were key to its success on both a local and national level and in this regard it would be important for the post of Chief Operating Officer/Depute Chief Executive to be filled as soon as was possible;
• there was a need for further information on the current roles of the new Executive Chief Officers, specifically within a management context; and
• it would be important for there to be clarity on which Officer was to have responsibility for taking forward issues in relation to Gaelic in future.

Decision

The Council NOTED the progress which had been made, the transitional arrangements that had been put in place and the indicative timescales for the permanent structure being established.

It was also AGREED that a Members’ Seminar should take place on 13 November 2019.

19. Governance Review
Ath-sgrùdadh Riaghlachais

There had been circulated Report No. HC/58/19 dated 25 October 2019 by the Chief Executive.

In this respect, and with specific reference to the need to report revenue monitoring against the existing Service structure to allow Members to exercise scrutiny of budget expenditure and the delivery of Service savings, it was highlighted that each of the detailed existing Service budget out-turns would be reported to the Corporate Resources Committee in February 2020, alongside the corporate revenue monitoring position, and the papers for this meeting would be issued to all Members of the Council.

During discussion, Members raised the following issues:-

• thanks should be conveyed to the Officers concerned for the work which had been undertaken on the report;
• in relation to the proposed amalgamation of the Commercial and Redesign Boards, it was agreed that the sentence in Paragraph 6.2.2. of the report which proposed that ‘this would be underpinned by the ELT-led Change Programme Board to ensure that projects and initiatives agreed by the new Member Board are prioritised, resources and delivered’ should be removed;
• there was some disappointment that the Commercial Board was being combined with the Redesign Board but it was recognised that there could be advantages in enabling projects to be implemented more quickly in future;
• it was agreed that the proposed ‘Health, Care & Wellbeing Committee’ should be re-named the ‘Health, Social Care & Wellbeing Committee’;
• the proposed introduction of a ‘Wellbeing Joint Sub-Committee was welcomed; and
• it was highlighted that all Members from Ward 5 were in agreement that recommendations should come forward to the next full Council meeting in respect of new Local Committee structure(s).

Decision

The Council AGREED the following: -
i.     the establishment of the undernoted 6 Strategic Committees:

Corporate Resources
Education
Housing and Property
Economy and Infrastructure 
Health, Social Care & Wellbeing
Communities and Places

ii.    the new Committee arrangements should come into force in January 2020;
iii.   membership of Strategic Committees should be changed to 18;
iv.    further work should be undertaken to standardise the naming and operation of Boards, Sub Committees and Working Groups and brought back for further Member consideration;
v.     a new Board should be established to take the place of the Redesign Board and Commercial Board, combining the best features of both with refreshed membership;
vi.    the name of the Gaelic Strategy and Implementation Group should be changed to the Gaelic Committee;
vii.   hard copy committee papers should be provided for Members of the requisite Committees (and for all Members in the case of Council) in addition to being available online. An opt-out option to be available. Papers not to be posted;
viii.  the detailed remits of the Strategic Committees should be brought forward for approval at the December Council meeting as part of the reviewed Scheme of Delegation. Members should continue to have the opportunity to feed into the development of these over the intervening period;
ix.    discussions should continue to be held with the Members of the Ross and Cromarty Committee regarding their Local Committee structure/s, with the aim to bring recommendations forward for approval by the Council in December;
x.     the Council to commit to undertaking CIPFA accreditation, the costs of the first phase to be met within existing budgets; and
xi.    that Paragraph 6.2.2 should be removed from the report.

20. Timetable of Meetings for 2020
Clàr-ama Choinneamhan airson 2020

There had been circulated Proposed Timetable of Meetings for 2020 which was AGREED.

It was also AGREED that, if it became necessary, the use of Mondays and Fridays for the scheduling of Committee meetings should be re-considered in future.

21. Draft Terms of Reference - Climate Change Panel
Atharrachadh Gnàth-shìde

There had been circulated Report No. HC/59/19 dated 15 October 2019 by the Executive Chief Officer, Environment & Development.

In regard, there had also been circulated Minutes of Meeting of the Climate Change Panel held on 17 October 2019 which were APPROVED.

During discussion, Members raised the following issues:-

• it had been a long process to get to the point of being able to present the Terms of Reference for the Climate Change Panel and thanks were conveyed to all those who had contributed to this work;
• there was now a need for all Members of the Council to work within their communities to tackle the issues associated with the climate change emergency wherever and whenever possible;
• it had to be recognised that this was a real emergency situation and the Council would be scrutinised and held to account in terms of the action taken and the measures put in place to address this issue;
• it was questioned as to whether it was appropriate to give priority to the references to ‘appropriate commercial opportunities’ and ‘maximising income’ within the first paragraph of the Terms of Reference or whether they should have been contained later in the document;
• on the basis that this was an issue which transcended political balance, it was suggested that consideration should be given as to whether it was appropriate for the membership of the Climate Change Panel to remain politically balanced which had the effect of excluding some Members who were not part of larger political groups;
• in response to the above point, it was highlighted that all meetings were open to all Members of the Council if they wished to attend. There had been a huge commitment from the Members of the Climate Change Panel and an immediate focus on resourcing issues which had been worked on over a number of years as well as taking forward new ideas and accelerating action wherever possible in this regard;
• it was stressed that ‘commercial opportunities’ and ‘maximising income’ were essential in terms of taking forward action in respect of climate change as it would be impossible to do this from within current resources; and
• there would be opportunities available within all business sectors across the Highlands in terms of addressing the climate change emergency and it was imperative that the Council, along with partners, maintained a strong focus on the important issues in this respect.            

Decision

The Council AGREED the draft Terms of Reference as circulated.

22. Timetable of Meetings 2019 – Change to date of Full Council meeting

It was NOTED that that a General Election had now been called for Thursday, 12 December 2019 which was the scheduled date for the next Council meeting.

On that basis, the Convener, seconded by Mr A Christie, MOVED that the Council meeting should now be held on Monday, 9 December 2019.

As an AMENDMENT, Dr I Cockburn, seconded by Mr K Gowans, moved that the Council meeting should be held on either the 16, 17 or 18 December 2019. 

On a vote being taken, the MOTION received 30 votes and the AMENDMENT received 20 votes, with 1 abstention, and the MOTION was therefore CARRIED, the votes having been cast as follows:-

For the Motion:
Mr G Ross, Miss J Campbell, Mr M Finlayson, Mr R Balfour, Mrs D MacKay, Mr G Cruickshank, Mr D Macpherson, Mr B Thompson, Mr W MacKay, Mr J Finlayson, Mr T Heggie, Ms L Munro, Mrs T Robertson, Mr M Reiss, Mrs F Robertson, Mrs I Campbell, Mrs A MacLean, Mrs C Caddick, Mr G Adam, Mr R Gale, Mr A Jarvie, Mr J Bruce, Mr P Saggers, Mr B Lobban, Mrs M Davidson, Mr A MacKinnon, Mr A Henderson, Mr A Christie, Ms N Sinclair and Mr J McGillivray.

For the Amendment:
Mr D Louden, Mrs M Paterson, Mr R MacWilliam, Ms K Currie, Mr B Boyd, Mr K Gowans, Mr C MacLeod, Mr A Baxter, Mr C Smith, Mr B Allan, Ms E Knox, Mr A MacInnes, Mr C Fraser, Mrs L MacDonald, Mrs I MacKenzie, Mr S Mackie, Mr K Rosie, Mrs P Munro, Dr I Cockburn and Mr R Bremner.

Abstention:
Mr D Rixson

Decision

It was AGREED that the Full Council Meeting previously scheduled for Thursday, 12 December 2019 should now be held on Monday, 9 December 2019.

23. Deeds Executed
Sgrìobhainnean Lagha a Bhuilicheadh

It was NOTED that a list of deeds and other documents executed on behalf of the Council since the meeting held on 5 September 2019 was available in the Members’ Library and on the Council’s Website.

The meeting ended at 4.30pm.